Heard in the Court of Appeals April 23, 2014.
Buncombe County. No. 11 CRS 57933, 12 CRS 000043. Mark E. Powell, Judge.
Attorney General Roy Cooper, by Assistant Attorney General Amy Kunstling Irene, for the State.
Paul Louis Bidwell and Douglas A. Ruley, for defendant.
ELMORE, Judge. Judges McCULLOUGH and DAVIS concur.
Appeal by defendant from judgments entered 20 May
2013 by Judge Mark E. Powell in Buncombe County Superior Court.
On 17 May 2013, a jury found Stephen Rigil McCanless (defendant) guilty of attempted sexual offense by an adult with a child and indecent liberties with a child. Judge Mark E. Powell sentenced defendant to consecutive terms of 157-198 months and 13-16 months active imprisonment. Defendant appeals. After careful consideration, we find no prejudicial error.
The State indicted defendant for offenses that allegedly occurred on 3 September 2010 and 1 July 2011. The State alleged that on 3 September 2010, defendant, who was fifty-seven-years-old at the time, " expose[d] his private parts in a public place, the Goodwill Store . . . in the presence of another person, [M.S.,]" and committed indecent liberties with her. The State also charged defendant with the sexual offense of a child occurring on 1 July 2011 by " engag[ing] in a sexual act with [K.C.][,]" first degree kidnapping, and another count of indecent liberties.
Before trial, both parties filed motions with the trial court. The State made a motion to join the September and July offenses for trial pursuant to N.C. Gen. Stat. § 15A-926(a). Defendant filed a motion in limine to exclude " almost comic book form" Japanese anime images that depicted sexually suggestive pictures of a young girl. The images were found on a computer that was seized by law enforcement officers from defendant's home during the criminal investigation. Defendant also filed a motion to suppress statements made by him to officers of the Asheville Police Department on 6 July 2011. Defendant told officers that he was at a Salvation Army Store on 1 July 2011, interacted with a young girl, pulled her pants down, touched her leg and vagina, and " motorboated" (blowing air from a person's mouth on to the skin of another) the girl in her buttock area. He also divulged facts implicating his involvement with M.S. at the Goodwill Store in September 2010 by stating that he may have " flashed" someone. The trial court granted the State's motion to join and denied both defendant's motion in limine and motion to suppress.
a.) Admission of Images